Category: Legal Issues

Source: United States Department of Justice

            WASHINGTON – A California man was sentenced in the District of Columbia today on two felony charges related to his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Sean Michael McHugh, 36, of Auburn, California, was sentenced by U.S. District Judge John D. Bates to 78 months in prison and 36 months of supervised release. Judge Bates also ordered McHugh to pay $2,000 restitution and a $5,000 fine.  McHugh was found guilty of obstruction and assaulting, impeding, or interfering with law enforcement officers following a stipulated bench trial before Judge Bates in April 2023.

            According to court documents and the stipulated evidence presented in court, prior to his arrival in Washington, D.C., on Jan. 6, 2021, McHugh told others that he was going to Washington, D.C., to “fight” and “storm Congress.” He brought a canister of bear spray with him to Washington, D.C., and he carried it in a holster for ready access. The bear spray is 50 percent stronger than the pepper spray used by police. Before the riot, McHugh urged others to “march on Congress directly after Trump’s speech.”

            McHugh was part of the initial breach of the Capitol grounds at the Peace Circle. Once he arrived at the Capitol, McHugh actively participated in at least four attempts to breach perimeters established by officers during the riot. He was one of the initial rioters to breach a police line and enter the West Plaza. Afterward, McHugh wrestled with an officer for control of a barricade protecting access to the Capitol and assaulted a line of U.S. Capitol Police (USCP) officers on the West Plaza, hitting them with his bear spray, causing the officers to back away from the line, and preventing them from performing their official duties. Finally, McHugh helped other rioters to push a large metal sign into officers. In between these acts of aggression, McHugh used his megaphone to encourage other rioters to act against law enforcement.

            After the riot, McHugh posted multiple messages on Facebook bragging about his actions during the riot and reveling in the violence against police, boasting, “…we stormed them and we took Congress”

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Eastern District of California.

            This case was investigated by the FBI’s Washington Field Office, as well as the Metropolitan Police Department, with significant assistance provided by the FBI’s Sacramento Field Office.

            In the 32 months since Jan. 6, 2021, more than 1,146 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 398 individuals charged with assaulting or impeding law enforcement.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice

            WASHINGTON – Former White House advisor Peter K. Navarro, 72, of Washington, D.C., was found guilty today by a U.S. District Court jury of two counts of contempt of Congress stemming from his failure to comply with a subpoena issued by the United States House Select Committee to Investigate the January 6th Attack on the United States Capitol.

            The announcement was made by U.S. Attorney Matthew M. Graves of the District of Columbia and Assistant Director in Charge David Sundberg, of the FBI’s Washington Field Office. A sentencing hearing is scheduled for Jan. 12, 2024.

            According to evidence presented at trial, on Feb. 9, 2022, the Select Committee issued a subpoena to Navarro. The subpoena required him to appear and produce documents to the Select Committee on Feb. 23, 2022, and to appear for a deposition before the Select Committee on March 2, 2022. Navarro refused to appear to give testimony as required by subpoena and refused to produce documents in compliance with a subpoena.

            In its subpoena, the Select Committee said it had reason to believe that Navarro had information relevant to its investigation. Navarro, formerly an advisor to the President on various trade and manufacturing policies, has been a private citizen since departing the White House on Jan. 20, 2021. He was indicted June 2, 2022.

            Each count of contempt of Congress carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of up to $100,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The case is being investigated by the FBI’s Washington Field Office. It is being prosecuted by the Fraud, Public Corruption, and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia. It was tried by Assistant United States Attorneys Elizabeth Aloi and John Crabb Jr., supported by Paralegal Specialist Sonalika Chaturvedi.

Source: United States Department of Justice

            WASHINGTON – An 18-count indictment, filed today in the United States District Court for the District of Columbia, charges Shamell Naquan Joyner, 35, of the District of Columbia, with offenses arising out of an armed carjacking and six armed Hobbs Act robberies allegedly committed between April 12 and May 2, 2023. The indictment was announced by U.S. Attorney Matthew M. Graves, Special Agent in Charge Wayne Jacobs, of the FBI Washington Field Office’s Criminal and Cyber Division, and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD).

            According to the indictment, on April 12, 2023, Joyner committed an armed Hobbs Act robbery at the Falcon Fuel gas station and convenience store, located at 1301 13th Street Northwest, stealing money and personal property from the business and two employees while holding them at gunpoint. Joyner also is alleged to have discharged his firearm at two store employees during this robbery, neither of whom was wounded. (The government’s evidence connects this armed robbery to an April 17 armed robbery of an Alexandria, Virginia, 7-Eleven, in which Joyner is also alleged to have discharged his firearm. A store employee working at the time of the Alexandria robbery sustained a non–life threatening gunshot wound to his leg.)

            One day after the Falcon Fuel robbery, on April 13, Joyner is alleged to have carjacked a man at gunpoint in the Mount Vernon Triangle neighborhood. Joyner allegedly stole the man’s Honda HR-V and drove it across state lines into Virginia. The government’s evidence shows that Joyner used that car to commit subsequent armed robbery offenses, including an April 15, 2023, armed robbery of the 7-Eleven store at 1100 Vermont Avenue Northwest, in which an employee was held at gunpoint.

            On April 30, 2023, Joyner is alleged to have robbed the 7-Eleven store at 7401 Georgia Avenue Northwest and an employee, again at gunpoint. Joyner allegedly robbed another two stores at gunpoint the next day, including the 7‑Eleven store at 1325 2nd Street Northeast and the 721 Shop & Run and an employee at 721 H Street Northeast.

            Finally, on May 2, 2023, Joyner is alleged to have robbed the 7-Eleven store at 1645 Connecticut Avenue Northwest and an employee, also at gunpoint. Joyner then allegedly committed additional armed robberies in Maryland, including a 7-Eleven store in Montgomery County and an Exxon gas station and employee in Anne Arundel County. During the Exxon robbery, Joyner is alleged to have held the Exxon employee at gunpoint and robbed him of the keys to his Toyota RAV4, which Joyner then stole and drove across state lines into the District of Columbia. 

            Later that day, in the 400 block of Condon Terrace SE, the Metropolitan Police Department found Joyner in the stolen RAV4’s driver’s seat and arrested him without incident. At the time of his arrest, Joyner was in possession of the firearm used in the armed robberies committed between April 30 and May 2, as well as unique clothing and other evidence that tied him to numerous offenses.

            Joyner has been detained since his May 2, 2023, arrest.

            “These alleged crimes left numerous victims, store employees, and witnesses terrorized,” said U.S. Attorney Graves.  “Those who are driving these pattern and spree robberies in our community need to know that they will be caught and prosecuted to the fullest extent of the law.”

            The indictment charges Joyner with 18 counts: six counts of interference with commerce by robbery (also known as “Hobbs Act” robbery), which carries a maximum of 20 years in prison; one count of carjacking, which carries a maximum sentence of 15 years in prison; seven related counts of using, carrying, and possessing a firearm during and in relation to a crime of violence, which carries a mandatory minimum sentence of up to 10 years in prison and a maximum sentence of life in prison; two counts of interstate transportation of a stolen motor vehicle, which carries a maximum sentence of 10 years in prison; and two counts of unlawful possession of a firearm and/or ammunition, which carries a maximum sentence of 15 years in prison. Under the indictment, Joyner faces a mandatory minimum of 52 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentence imposed in this case will be determined by a federal district court judge after considering applicable sentencing guidelines and other statutory factors.

            This case is being investigated by the FBI’s Washington Field Office’s Violent Crime Task Force and the Metropolitan Police Department’s Carjacking Task Force. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Alexandria City, Anne Arundel County, Fairfax County, and Prince George’s County Police Departments. The case is being prosecuted by Assistant United States Attorneys Paul V. Courtney and Justin F. Song of the U.S. Attorney’s Office for the District of Columbia.

            The investigation into these offenses and potentially related armed robberies of commercial establishments located in the District of Columbia, Maryland, and Virginia remains ongoing.  Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

            An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice

Defendant Committed a String of Crimes in One Day

            WASHINGTON – Roscoe Rosborough, 32, of Washington, D.C., was sentenced today to 78 months in prison for two separate assaults that took place on the same day in Northeast and Northwest DC, in February of 2023, announced U.S. Attorney Matthew M. Graves, Special Agent in Charge Wayne A. Jacobs of the FBI Washington Field Office’s Criminal and Cyber Division, and Acting Chief Pamela A. Smith, of the Metropolitan Police Department.

            Rosborough pleaded guilty in June 9, 2023, in the Superior Court of the District of Columbia, to one count of assault with a dangerous weapon and one count of assault with significant bodily injury.

            According to the government’s evidence, on February 17, 2023, at approximately 4:55 a.m., the defendant entered a homeless shelter, though he was not a resident, and demanded to use the bathroom. After being refused, he continued into the shelter and ran into a resident walking to the cafeteria for breakfast. The defendant pulled out a tire iron from inside his clothing and struck the resident multiple times to the head, causing a laceration to the head that required nine staples.

            At approximately 3:30 p.m. that same day, the defendant was on a metro train headed for the Gallery Place – Chinatown station. He approached an elderly couple with their three minor grandchildren visiting from out of town. He got into their faces, unprovoked, and began yelling profanities at them. The 78-year-old grandfather put his hand on the defendant’s arm and said, “back off pal.” The defendant then assaulted the man, punching him, pulling him to the floor, and kicking him. This assault caused the victim to require multiple knee-drains and eventually surgery to his knee.

            In announcing the sentence, U.S. Attorney Graves, SAC Jacobs, and Acting Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department, the Federal Bureau of Investigation, and the Department of Justice’s Civil Rights Division, specifically Special Agent Deborah Frye, Special Agent John Perren, and Trial Attorney Sanjay Patel. They also expressed appreciation for the work of those who assisted with the case at the U.S. Attorney’s Office, including Assistant U.S. Attorney Gauri Gopal and Victim/Witness Advocates Lakeisha McFall, Jennifer Clark, and Paola Molina.

            Finally, they commended the work of Assistant U.S. Attorneys Katie Sessa and Katrenia Shelly, who investigated and prosecuted the case.

Source: United States Department of Justice

Defendant allegedly shot the victim in the head during a recreational soccer match

            WASHINGTON – Pedro Funes, 33, of Washington, D.C., was charged in Superior Court today on a count of first degree murder while armed in the homicide of 30-year-old Around Solis on July 26, 2023, in the city’s Adams Morgan neighborhood, U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith of the Metropolitan Police Department announced.

            Funes was arraigned before Magistrate Judge Judith Pipe and entered a plea of not guilty. The court found probable cause to believe that Funes committed the slaying. The court held Funes without bond pending a preliminary hearing to be held on October 4, 2023, before Judge Robert Okun.

            An arrest on a complaint is merely a formally charged allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.

            In announcing the charge, U.S. Attorney Graves commended the work of those investigating the case from the Metropolitan Police Department and the U.S. Attorney’s Office.

Source: United States Department of Justice (2022)

Remarks as Delivered

Good morning. My name is Kristen Clarke. I’m the Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice. At the heart of many of the protests that unfolded in this city, and across the nation, was a call for constitutional, fair and non-discriminatory policing and respect for people’s civil rights.

Today we are here to take an important step toward answering that call and committing to the task of building out a core feature of American democracy – an effective, accountable police department that ensures respect for constitutional rights, garners public trust and keeps people safe.

I want to provide further details about the findings of our civil rights investigation that the Attorney General just announced.

First, we found that the Minneapolis Police Department uses excessive force – both deadly and less lethal.

We reviewed MPD’s 19 police shootings and one in-custody death from January 1, 2016, to August 16, 2022. Many of these incidents were unconstitutional uses of deadly force. We found that officers used deadly force without probable cause to believe that there was an immediate threat of serious physical harm to the officer or another person. In one example, an off-duty officer fired his gun at a car containing six people within three seconds of getting out of his squad car.

Neck restraints are lethal force. And we found that MPD officers often use neck restraints without warning, on people suspected of only minor offenses and on people who posed no threat.

We also reviewed less lethal uses of force – tasers, bodily force and pepper spray.

MPD officers’ use of tasers often is inconsistent with MPD’s own policy and occurs without warning. For example, officers sometimes use multiple, successive taser applications without re-assessing the need for further activations, which can be dangerous. They also use tasers for minor offenses, on kids and on people known to have behavioral health issues.

We found that MPD unconstitutionally uses bodily force and pepper spray against people who have committed minor offenses or no offense at all. In addition, we saw repeated instances of excessive force against kids without appropriate attempts to de-escalate the situation. In one instance, an MPD officer wearing street clothes drew his gun and pinned a teenager to the hood of a car for allegedly taking a $5 burrito without paying.

In addition, we found instances where MPD officers did not adequately ensure the safety of people in their custody. For example, after pepper spraying a group of people who were fighting, MPD officers ignored pleas to call an ambulance for one woman who needed help because she had asthma. Disregarding the medical distress of a person who is in custody or after a use of force is unlawful.

And, often, officers who could have intervened to stop the use of excessive force by their colleagues did not do so. This violates the Constitution.

Our second finding is that the Minneapolis Police Department unlawfully discriminates against Black people in its enforcement activities. This is a first-time finding for us – that the police department also discriminates against Native American people in its enforcement activities.

With our statistical experts, we reviewed over five years of MPD data, from November 1, 2016, to August 9, 2022, on roughly 187,000 traffic and pedestrian stops. We also conducted interviews and ride-alongs, and we reviewed other documents and information that the city provided.

As part of this systemic discrimination, we found that MPD disproportionately stops Black people and Native American people.

During stops involving Black and Native American people, MPD performs searches more frequently than during stops involving white people, even when they behave in similar ways.

MPD also uses force during stops involving Black and Native American people more frequently than they do during stops involving white people, even when they behave in similar ways. This too is another “first” – this is the first time we have made a finding that the police department unlawfully discriminates by using force after stops against Black and Native American people.

Starting in late May 2020 – when George Floyd was killed – MPD officers suddenly ceased reporting race and gender in many stops despite MPD policy requiring them to collect this data. We estimate that the percentage of daily stops with known race data recorded dropped over 35 percentage points during this period. Still, our analyses of the reported racial data from May 25, 2020, to August 9, 2022, showed significant racial disparities in searches and use of force.

Working with our statistical experts, we did not find that there was a legitimate, non-discriminatory reason for such different treatment for Black and Native American people during stops or the other enforcement activities that we examined.

We also found that the MPD violates people’s First Amendment rights by retaliating with force against people engaged in protests and engaged in demonstrations. We saw officers push and pepper spray protesters who posed no threat. Where protesters resisted police commands, officers used force to punish them well after any threat had ended. For example, during a protest in March of 2021, officers beat, kicked and shoved protestors even after they were restrained. One officer, used his full body weight, kneed a passive, restrained protester in the neck as he lay face down – an act that amounted to deadly force.

MPD retaliates against journalists and unlawfully restricts their access during protests. Under the First Amendment, the press must be allowed to safely gather and report the news.

In addition, we found that the police department retaliates against people who challenge or question them during stops and calls for service. The Constitution protects the right to criticize officers, even with profanity. We also found that MPD officers retaliate against people who observe and record them, even though they have a right to do so. All of this violates the law.

Our fourth and final finding is that MPD and the City of Minneapolis discriminate against people with behavioral health disabilities when responding to calls for assistance.

Many calls for service related to behavioral health do not require a law enforcement response. These calls often involve no violence, weapon or immediate threat. And in these circumstances, a law enforcement-led response can lead to trauma, injury and even death to people experiencing behavioral health issues. But these harms may be avoided by dispatching behavioral health responders where appropriate, and they can be mitigated by sending behavioral health responders with police where a law enforcement response may be needed.

To assess MPD’s and the city’s response to behavioral health calls, we analyzed a random sample of behavioral health-related 911 calls to which MPD responded. And we learned that MPD and the city often send the police unnecessarily and that people are harmed as a result. For the vast majority of the calls we reviewed, the person needing behavioral health attention was not reported to have a weapon or to pose an immediate threat. Only 0.45% of over 100,000 mental health calls resulted in an arrest at the scene – this underscores that the current reliance on police-only responses is unwarranted.

In December of 2021, the city launched a mobile crisis response pilot that provides a behavioral health response in addition to, or instead of, a police response. And that program is a step in the right direction, but that pilot effort lacks the capacity to promptly respond to calls throughout the city, and, as a result, MPD continues to be the primary response to behavioral health calls.

These findings are serious, and we enter the path to reform with a plan to put in place lasting and enduring changes that will ensure the constitutional, fair and non-discriminatory policing to which the people in this great city are entitled.

As I close, I want to extend my gratitude to the Mayor and the Police Chief for joining us today and for their collaboration. And I also want to extend deep appreciation to the people across Minneapolis who worked with us at every step of this process. Thanks to residents, community leaders, civil rights advocates, police officers and many others who used their voice in this process. An enormous and important task lies ahead, and we want this community to hear us clearly – we stand with you at every stage of this process that lays ahead.

I’ll turn the floor over to Ann Bildtsen, First Assistant U.S. Attorney for the District of Minnesota.

Source: United States Department of Justice (2022)

The Justice Department issued the following statement from Attorney General Merrick B. Garland following the Supreme Court’s decision in Haaland v. Brackeen:

“The Justice Department is committed to honoring Tribal sovereignty and protecting Indian children and families. For nearly 45 years, the Indian Child Welfare Act has helped protect Tribal children from being unnecessarily separated from their parents, extended family, and Tribal communities. 

I am pleased that today’s Supreme Court decision in Haaland v. Brackeen rejected this challenge to the Indian Child Welfare Act. The Justice Department vigorously defended the statute before the Supreme Court and will continue to support the Indian Child Welfare Act and do everything in our power to protect Tribal communities and affirm Tribal sovereignty.”

Source: United States Department of Justice

            WASHINGTON -Two men from Virginia have been arrested on felony and misdemeanor charges related to their actions during the breach of the U.S. Capitol on Jan. 6, 2021. Their actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Peter Willey, 37, of Roanoke, Virginia, and Ethan Mauck, 31, of Troutville, Virginia, are charged in a criminal complaint filed in the District of Columbia with a felony offense of obstruction of law enforcement during civil disorder. In addition to the felony, Willey and Mauck are charged with misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a Capitol building or grounds.

            Willey and Mauck were arrested today in Roanoke, Virginia, and will make their initial appearance in the Western District of Virginia.

            According to court documents, on Jan. 6, 2021, Willey and Mauck attended the “Stop the Steal” Rally on the National Mall and afterward marched through Washington, D.C., toward the U.S. Capitol building. In open-source video and photographs, Willey and Mauck are seen entering the restricted grounds of the Capitol and advancing toward bike rack barricades and the police line on the Lower West Plaza. Here, a violent struggle ensued between the rioters and law enforcement, and law enforcement officials deployed pepper spray to disperse the crowd as they attempted to re-establish a police line and barricade. Mauck is seen in an open-source video in distress as he rubs his eyes, consistent with having been struck by pepper spray.

            At the Lower West Plaza, as seen on open-source footage, the mob of rioters violently confronted the officers standing guard in the police line. The bike racks became displaced, and a struggle ensued. During the struggle, Mauck picked up a downed police bike rack and shoved it toward an officer dressed in riot gear.

            On the Lower West Plaza, at approximately 1:40 p.m., Willey and other rioters began to move a large sign on wheels with a metal frame towards the police line and barricade, using it as a battering ram against the law enforcement officers attempting to hold the line. As the large sign passed over Willey’s head, Willey placed his hands on the billboard’s frame and pushed it toward the police line. As the officers gained control of the large metal sign, Willey is seen blocking his face with his arms and running away from an officer who deployed pepper spray at the rioters, including Willey.

            At about 2:50 p.m., Willey and Mauck are seen entering the Lower West Terrace tunnel, where rioters struggled and fought with police for several hours on January 6th. Closed-circuit television (CCTV) footage inside the tunnel depicted rioters, including Mauck and Willey, actively pushing against the police line in unison, known as a “heave-ho.” At approximately 2:55 p.m., Willey grabbed ahold of two police shields from another rioter and passed it forward, further into the tunnel, and toward the rioters near the police line. At approximately 2:58 p.m., Mauck, standing at the mouth of the tunnel, gained control of a large, black speaker and handed it off to the rioters in the tunnel. Ultimately, that speaker was thrown at the police line by other rioters.

            Both Willey and Mauck exited the tunnel at approximately 3:04 p.m. Both men are later seen in the crowd outside the tunnel shortly after this incident, watching as other rioters forcibly dragged the two law enforcement officers into the mob.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Western District of Virginia.

            This case is being investigated by the FBI’s Washington Field Office, which identified Willey as BOLO (Be on the Lookout) #84 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice

            WASHINGTON – An Ohio man was sentenced in the District of Columbia today on five offenses, including a felony, committed during the Jan. 6, 2021, breach of the U.S. Capitol. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Alexander Sheppard, 24, of Powell, Ohio, was sentenced by U.S. District Court Judge John D. Bates to serve 19 months in prison and 24 months of supervised release. Sheppard also was ordered to pay $3,170 in restitution and fines.

            Sheppard was found guilty in January of obstruction of an official proceeding, a felony, entering and remaining in a restricted grounds or building, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

            Sheppard originally had been scheduled to be sentenced on April 26, 2023. Sheppard had claimed the siege of the U.S. Capitol was a “false flag” operation planned by or involving the government, “federal agitators,” and Antifa.

            According to evidence introduced at trial, Sheppard was among the first rioters to enter the Capitol on Jan. 6, 2021, and joined others in overrunning multiple police lines established to stop the mob’s spread. Inside the Crypt, he and fellow rioters were captured on video as they pushed through a police line designed to prevent the mob from moving towards the House Chamber where members of Congress were present. He then recorded a video of himself proudly proclaiming: “I’m here with some goddamn heroes, and we just shut down Congress! They called an emergency session, they said we’re too scared, they’ve shut down Congress. Let’s fucking go!”

            Additional video showed Sheppard running to the Speaker’s Lobby doors and screaming at the U.S. Capitol Police officers who stood guard there while House members and staff prepared to evacuate behind them. Sheppard captured video of fleeing members of congress and looked on as other rioters violently punched out the windows of the doors— just inches away from the officers’ heads. Sheppard left only after witnessing another rioter get shot by law enforcement after attempting to climb through the broken windows of the same doors.

            In the days following the breach, Sheppard posted threatening statements on social media directed towards the Vice President. On Jan. 9, 2021, Sheppard posted on Parler, “[w]e shouldn’t hang Mike Pence. Firing squad!”

            FBI agents arrested Sheppard on Feb. 22, 2021, in Columbus, Ohio.  

            This case was investigated by the FBI’s Cincinnati and Washington Field Offices. Police from Columbus provided cooperation and assistance in the investigation. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Southern District of Ohio.

            In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.